PART 2
INTERNATIONAL COMMERCIAL ARBITRATION
Interpretation of this Part
2.—(1)  In this Part, unless the context otherwise requires —
“arbitral tribunal” means a sole arbitrator or a panel of arbitrators or a permanent arbitral institution, and includes an emergency arbitrator appointed pursuant to the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation;
“appointing authority” means the authority designated under section 8(2) or (3);
“arbitration agreement” means an arbitration agreement mentioned in section 2A;
“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award but excludes any order or direction made under section 12;
“Model Law” means the UNCITRAL Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, the text in English of which is set out in the First Schedule;
“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration.
[26/2009; 12/2012]
(2)  Except so far as the contrary intention appears, a word or an expression that is used both in this Part and in the Model Law (whether or not a particular meaning is given to it by the Model Law) has, in the Model Law, the meaning given by this Part.
Definition and form of arbitration agreement
2A.—(1)  In this Act, “arbitration agreement” means an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
[12/2012]
(2)  An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
[12/2012]
(3)  An arbitration agreement must be in writing.
[12/2012]
(4)  An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct or by other means.
[12/2012]
(5)  The requirement that an arbitration agreement must be in writing is satisfied by an electronic communication if the information contained in the electronic communication is accessible so as to be useable for subsequent reference.
[12/2012]
(6)  Where in any arbitral or legal proceedings, a party asserts the existence of an arbitration agreement in a pleading, statement of case or any other document in circumstances in which the assertion calls for a reply and the assertion is not denied, there is deemed to be an effective arbitration agreement as between the parties to the proceedings.
[12/2012]
(7)  A reference in a contract to any document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the contract.
[12/2012]
(8)  A reference in a bill of lading to a charterparty or other document containing an arbitration clause is to constitute an arbitration agreement in writing if the reference is such as to make that clause part of the bill of lading.
[12/2012]
(9)  Article 7 of the Model Law does not apply to this section.
[12/2012]
(10)  In this section —
“data message” means information generated, sent, received or stored by electronic, magnetic, optical or similar means, including, but not limited to, electronic data interchange (EDI), electronic mail, telegram, telex or telecopy;
“electronic communication” means any communication that the parties make by means of data messages.
[12/2012]
Model Law to have force of law
3.—(1)  Subject to this Act, the Model Law, with the exception of Chapter VIII of the Model Law, has the force of law in Singapore.
(2)  In the Model Law —
“State” means Singapore and any country other than Singapore;
“this State” means Singapore.
Interpretation of Model Law by use of extrinsic material
4.—(1)  For the purposes of interpreting the Model Law, reference may be made to the documents of —
(a)the United Nations Commission on International Trade Law; and
(b)its working group for the preparation of the Model Law,
relating to the Model Law.
(2)  Subsection (1) does not affect the application of section 9A of the Interpretation Act 1965 for the purposes of interpreting this Act.
Application of this Part
5.—(1)  This Part and the Model Law do not apply to an arbitration which is not an international arbitration unless the parties agree in writing that this Part or the Model Law is to apply to that arbitration.
(2)  Despite Article 1(3) of the Model Law, an arbitration is international if —
(a)at least one of the parties to an arbitration agreement, at the time of the conclusion of the agreement, has its place of business in any State other than Singapore;
(b)one of the following places is situated outside the State in which the parties have their places of business:
(i)the place of arbitration if determined in, or pursuant to, the arbitration agreement;
(ii)any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or
(c)the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.
(3)  For the purposes of subsection (2) —
(a)if a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement;
(b)if a party does not have a place of business, a reference to the party’s place of business is to be construed as a reference to the party’s habitual residence.
(4)  Despite any provision to the contrary in the Arbitration Act 2001, that Act does not apply to any arbitration to which this Part applies.
Enforcement of international arbitration agreement
6.—(1)  Despite Article 8 of the Model Law, where any party to an arbitration agreement to which this Act applies institutes any proceedings in any court against any other party to the agreement in respect of any matter which is the subject of the agreement, any party to the agreement may, at any time after filing and serving a notice of intention to contest or not contest and before delivering any pleading (other than a pleading asserting that the court does not have jurisdiction in the proceedings) or taking any other step in the proceedings, apply to that court to stay the proceedings so far as the proceedings relate to that matter.
[Act 25 of 2021 wef 01/04/2022]
(2)  The court to which an application has been made in accordance with subsection (1) is to make an order, upon such terms or conditions as the court thinks fit, staying the proceedings so far as the proceedings relate to the matter, unless it is satisfied that the arbitration agreement is null and void, inoperative or incapable of being performed.
(3)  Where a court makes an order under subsection (2), the court may, for the purpose of preserving the rights of parties, make any interim or supplementary order that the court thinks fit in relation to any property which is the subject of the dispute to which the order under that subsection relates.
(4)  Where no party to the proceedings has taken any further step in the proceedings for a period of at least 2 years after an order staying the proceedings has been made, the court may, on its own motion, make an order discontinuing the proceedings without prejudice to the right of any of the parties to apply for the discontinued proceedings to be reinstated.
(5)  For the purposes of this section and sections 7 and 11A —
(a)a reference to a party includes a reference to any person claiming through or under such party;
(b)“court” means the General Division of the High Court, District Court, Magistrate’s Court or any other court in which proceedings are instituted.
[40/2019]
Court’s powers on stay of proceedings
7.—(1)  Where a court stays proceedings under section 6, the court may, if in those proceedings property has been arrested or bail or other security has been given to prevent or obtain release from arrest, order that —
(a)the property arrested be retained as security for the satisfaction of any award made on the arbitration; or
(b)the stay be conditional on the provision of equivalent security for the satisfaction of any such award.
(2)  Subject to the Rules of Court and to any necessary modification, the same law and practice apply in relation to property retained pursuant to an order under this section as would apply if it were held for the purposes of proceedings in the court which made the order.
Authorities specified for purposes of Article 6 of Model Law
8.—(1)  The General Division of the High Court in Singapore is to be taken to have been specified in Article 6 of the Model Law as courts competent to perform the functions referred to in that Article except for Article 11(3) and (4) of the Model Law.
[40/2019]
(2)  The president of the Court of Arbitration of the Singapore International Arbitration Centre is to be taken to have been specified as the authority competent to perform the functions under Article 11(3) and (4) of the Model Law.
[16/2016]
(3)  The Chief Justice may, if he or she thinks fit, by notification in the Gazette, appoint any other person to exercise the powers of the president of the Court of Arbitration of the Singapore International Arbitration Centre under subsection (2).
[16/2016]
Application of Limitation Act 1959 and Foreign Limitation Periods Act 2012
8A.—(1)  The Limitation Act 1959 and the Foreign Limitation Periods Act 2012 apply to arbitral proceedings as they apply to proceedings before any court and any reference in both Acts to the commencement of proceedings is to be construed as a reference to the commencement of arbitral proceedings.
[13/2012]
(2)  The General Division of the High Court may order that in computing the time prescribed by the Limitation Act 1959 or the Foreign Limitation Periods Act 2012 for the commencement of proceedings (including arbitral proceedings) in respect of a dispute which was the subject matter of —
(a)an award which the General Division of the High Court orders to be set aside or declares to be of no effect; or
(b)the affected part of an award which the General Division of the High Court orders to be set aside in part or declares to be in part of no effect,
the period between the commencement of the arbitration and the date of the order referred to in paragraph (a) or (b) is to be excluded.
[13/2012; 40/2019]
(3)  Despite any term in an arbitration agreement to the effect that no cause of action is to accrue in respect of any matter required by the agreement to be referred until an award is made under the agreement, the cause of action is deemed, for the purposes of the Limitation Act 1959 and the Foreign Limitation Periods Act 2012, to have accrued in respect of any such matter at the time when it would have accrued but for that term in the agreement.
[13/2012]
Number of arbitrators for purposes of Article 10(2) of Model Law
9.  Despite Article 10(2) of the Model Law, if the number of arbitrators is not determined by the parties, there is to be a single arbitrator.
Default appointment of arbitrators in arbitration with 2 parties
9A.—(1)  Despite Article 11(3) of the Model Law, in an arbitration with 2 parties and 3 arbitrators, each party must appoint one arbitrator, and the parties must by agreement appoint the third arbitrator.
[32/2020]
(2)  Where the parties fail to agree on the appointment of the third arbitrator within 30 days after the receipt of the first request by either party to do so, the appointment must be made, upon the request of a party, by the appointing authority.
[32/2020]
Default appointment of arbitrators in arbitration with 3 or more parties
9B.—(1)  Despite Article 11(3) of the Model Law, in an arbitration with 3 or more parties and 3 arbitrators —
(a)the claimant, or all the claimants by agreement if there is more than one claimant, must appoint an arbitrator on or before the date of sending of the request for the dispute to be referred to arbitration and inform the respondent or respondents of the appointment on the date when the request for the dispute to be referred to arbitration is sent to the respondent or respondents;
(b)the respondent, or all the respondents by agreement if there is more than one respondent, must appoint an arbitrator and inform the claimant or claimants of the appointment within 30 days after the date of receipt of the request for the dispute to be referred to arbitration by the respondent, or by the last respondent to receive the request if there is more than one respondent; and
(c)the 2 arbitrators appointed under paragraphs (a) and (b) must by agreement appoint the third arbitrator, who is to be the presiding arbitrator, within 60 days after the date of receipt of the request for the dispute to be referred to arbitration by the respondent, or by the last respondent to receive the request if there is more than one respondent.
[32/2020]
(2)  Despite subsection (1), the appointing authority must, upon the request of any party, appoint all 3 arbitrators and designate any one of the arbitrators as the presiding arbitrator if —
(a)the claimant or claimants fail to appoint an arbitrator, or fail to inform the respondent or respondents of such appointment, by the date specified in subsection (1)(a); or
(b)the respondent or respondents fail to appoint an arbitrator, or fail to inform the claimant or claimants of such appointment, within the time specified in subsection (1)(b).
[32/2020]
(3)  In making the appointments under subsection (2), the appointing authority may, having regard to all relevant circumstances, re‑appoint or revoke the appointment of an arbitrator appointed under subsection (1)(a) or (b).
[32/2020]
(4)  Despite subsection (1)(c), the appointing authority must, upon the request of any party and having regard to all relevant circumstances, appoint the third arbitrator if the 2 arbitrators appointed by the parties fail to agree on the appointment of the third arbitrator within the time specified in subsection (1)(c).
[32/2020]
Appeal on ruling of jurisdiction
10.—(1)  This section has effect despite Article 16(3) of the Model Law.
[12/2012]
(2)  An arbitral tribunal may rule on a plea that it has no jurisdiction at any stage of the arbitral proceedings.
[12/2012]
(3)  If the arbitral tribunal rules —
(a)on a plea as a preliminary question that it has jurisdiction; or
(b)on a plea at any stage of the arbitral proceedings that it has no jurisdiction,
any party may, within 30 days after having received notice of that ruling, apply to the General Division of the High Court to decide the matter.
[12/2012; 40/2019]
(4)  An appeal from the decision of the General Division of the High Court made under Article 16(3) of the Model Law or this section may be brought only with the permission of the appellate court.
[12/2012; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(5)  There is no appeal against a refusal for grant of permission of the appellate court.
[12/2012; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(6)  Where the General Division of the High Court, or the appellate court on appeal, decides that the arbitral tribunal has jurisdiction —
(a)the arbitral tribunal must continue the arbitral proceedings and make an award; and
(b)where any arbitrator is unable or unwilling to continue the arbitral proceedings, the mandate of that arbitrator terminates and a substitute arbitrator must be appointed in accordance with Article 15 of the Model Law.
[12/2012; 40/2019]
(7)  In making a ruling or decision under this section that the arbitral tribunal has no jurisdiction, the arbitral tribunal, the General Division of the High Court or the appellate court (as the case may be) may make an award or order of costs of the proceedings, including the arbitral proceedings (as the case may be), against any party.
[12/2012; 40/2019]
(8)  Where an award of costs is made by the arbitral tribunal under subsection (7), section 21 applies with the necessary modifications.
[12/2012]
(9)  Where an application is made pursuant to Article 16(3) of the Model Law or this section —
(a)such application does not operate as a stay of the arbitral proceedings or of enforcement of any award or order made in the arbitral proceedings unless the General Division of the High Court orders otherwise; and
(b)no intermediate act or proceeding is invalidated except so far as the General Division of the High Court may direct.
[12/2012; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(10)  Where there is an appeal from the decision of the General Division of the High Court pursuant to subsection (4) —
(a)such appeal does not operate as a stay of the arbitral proceedings or of enforcement of any award or order made in the arbitral proceedings unless the General Division of the High Court or the appellate court orders otherwise; and
(b)no intermediate act or proceeding is invalidated except so far as the appellate court may direct.
[12/2012; 40/2019]
[Act 25 of 2021 wef 01/04/2022]
(11)  In this section, “appellate court” means the court to which an appeal under Article 16(3) of the Model Law or this section is to be made under section 29C of the Supreme Court of Judicature Act 1969.
[40/2019]
Public policy and arbitrability
11.—(1)  Any dispute which the parties have agreed to submit to arbitration under an arbitration agreement may be determined by arbitration unless it is contrary to public policy to do so.
(2)  The fact that any written law confers jurisdiction in respect of any matter on any court of law but does not refer to the determination of that matter by arbitration does not, of itself, indicate that a dispute about that matter is not capable of determination by arbitration.
Reference of interpleader issue to arbitration
11A.  Where in proceedings before any court relief by way of interpleader is granted and any issue between the claimants is one in respect of which there is an arbitration agreement between them, the court granting the relief may direct the issue between the claimants to be determined in accordance with the agreement.
Powers of arbitral tribunal
12.—(1)  Without prejudice to the powers set out in any other provision of this Act and in the Model Law, an arbitral tribunal has powers to make orders or give directions to any party for —
(a)security for costs;
(b)discovery of documents and discovery of facts;
[Act 31 of 2022 wef 01/11/2022]
(c)giving of evidence by affidavit;
(d)the preservation, interim custody or sale of any property which is or forms part of the subject matter of the dispute;
(e)samples to be taken from, or any observation to be made of or experiment conducted upon, any property which is or forms part of the subject matter of the dispute;
(f)the preservation and interim custody of any evidence for the purposes of the proceedings;
(g)securing the amount in dispute;
(h)ensuring that any award which may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party;
(i)an interim injunction or any other interim measure; and
(j)enforcing any obligation of confidentiality —
(i)that the parties to an arbitration agreement have agreed to in writing, whether in the arbitration agreement or in any other document;
(ii)under any written law or rule of law; or
(iii)under the rules of arbitration (including the rules of arbitration of an institution or organisation) agreed to or adopted by the parties.
[32/2020]
(2)  Unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other document in writing) agreed to the contrary, an arbitral tribunal has power to administer oaths to or take affirmations of the parties and witnesses.
(3)  Unless the parties to an arbitration agreement have (whether in the arbitration agreement or in any other document in writing) agreed to the contrary, an arbitral tribunal has power to adopt, if the arbitral tribunal thinks fit, inquisitorial processes.
(4)  The power of the arbitral tribunal to order a claimant to provide security for costs as mentioned in subsection (1)(a) must not be exercised by reason only that the claimant is —
(a)an individual ordinarily resident outside Singapore; or
(b)a corporation or an association incorporated or formed under the law of a country outside Singapore, or whose central management and control is exercised outside Singapore.
(5)  Without prejudice to the application of Article 28 of the Model Law, an arbitral tribunal, in deciding the dispute that is the subject of the arbitral proceedings —
(a)may award any remedy or relief that could have been ordered by the General Division of the High Court if the dispute had been the subject of civil proceedings in the General Division of the High Court;
(b)may award simple or compound interest on the whole or any part of any sum in accordance with section 20(1).
[12/2012; 40/2019]
(6)  All orders or directions made or given by an arbitral tribunal in the course of an arbitration are, by permission of the General Division of the High Court, enforceable in the same manner as if they were orders made by a court and, where permission is so given, judgment may be entered in terms of the order or direction.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Court-ordered interim measures
12A.—(1)  This section is to apply in relation to an arbitration —
(a)to which this Part applies; and
(b)irrespective of whether the place of arbitration is in the territory of Singapore.
[26/2009]
(2)  Subject to subsections (3) to (6), for the purpose of and in relation to an arbitration referred to in subsection (1), the General Division of the High Court has the same power of making an order in respect of any of the matters set out in section 12(1)(c) to (j) as it has for the purpose of and in relation to an action or a matter in the court.
[26/2009; 40/2019; 32/2020]
(3)  The General Division of the High Court may refuse to make an order under subsection (2) if, in the opinion of the General Division of the High Court, the fact that the place of arbitration is outside Singapore or likely to be outside Singapore when it is designated or determined makes it inappropriate to make the order.
[26/2009; 40/2019]
(4)  If the case is one of urgency, the General Division of the High Court may, on the application of a party or proposed party to the arbitral proceedings, make such orders under subsection (2) as the General Division of the High Court thinks necessary for the purpose of preserving evidence or assets.
[26/2009; 40/2019]
(5)  If the case is not one of urgency, the General Division of the High Court is to make an order under subsection (2) only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the arbitral tribunal) made with the permission of the arbitral tribunal or the agreement in writing of the other parties.
[26/2009; 40/2019]
(6)  In every case, the General Division of the High Court is to make an order under subsection (2) only if or to the extent that the arbitral tribunal, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively.
[26/2009; 40/2019]
(7)  An order made by the General Division of the High Court under subsection (2) ceases to have effect in whole or in part (as the case may be) if the arbitral tribunal, or any such arbitral or other institution or person having power to act in relation to the subject matter of the order, makes an order which expressly relates to the whole or part of the order under subsection (2).
[26/2009; 40/2019]
Order to attend and order to produce documents
13.—(1)  Any party to an arbitration agreement may request for the issue of an order to attend or an order to produce documents.
[42/2005]
[Act 31 of 2022 wef 01/11/2022]
(2)  If a witness is in Singapore, the General Division of the High Court may order that —
(a)an order to attend be issued to compel the witness to attend before an arbitral tribunal and give evidence; or
(b)an order to produce documents be issued to compel the witness to attend before an arbitral tribunal and produce specified documents.
[Act 31 of 2022 wef 01/11/2022]
(3)  The General Division of the High Court may also issue an order under section 38 of the Prisons Act 1933 to bring up a prisoner for examination before an arbitral tribunal.
[12/2012; 40/2019]
(4)  A person must not be compelled under an order mentioned in subsection (1) or (2)(a) or (b) to produce any document which the person could not be compelled to produce on the trial of an action.
[42/2005]
[Act 31 of 2022 wef 01/11/2022]
[Act 31 of 2022 wef 01/11/2022]
14.  [Repealed by Act 12 of 2012]
Law of arbitration other than Model Law
15.—(1)  If the parties to an arbitration agreement (whether made before or after 1 November 2001) have expressly agreed either —
(a)that the Model Law or this Part is not to apply to the arbitration; or
(b)that the Arbitration Act 2001 or the repealed Arbitration Act (Cap. 10, 1985 Revised Edition) is to apply to the arbitration,
then, both the Model Law and this Part do not apply to that arbitration but the Arbitration Act 2001 or the repealed Arbitration Act (Cap. 10, 1985 Revised Edition) (if applicable) applies to that arbitration.
(2)  To avoid doubt, a provision in an arbitration agreement referring to or adopting any rules of arbitration is not of itself sufficient to exclude the application of the Model Law or this Part to the arbitration concerned.
[28/2002]
Application of rules of arbitration
15A.—(1)  To avoid doubt, it is declared that a provision of rules of arbitration agreed to or adopted by the parties, whether before or after the commencement of the arbitration, applies and is given effect to the extent that the provision is not inconsistent with a provision of the Model Law or this Part from which the parties cannot derogate.
[28/2002]
(2)  Without prejudice to subsection (1), subsections (3) to (6) apply for the purposes of determining whether a provision of rules of arbitration is inconsistent with the Model Law or this Part.
[28/2002]
(3)  A provision of rules of arbitration is not inconsistent with the Model Law or this Part merely because it provides for a matter on which the Model Law and this Part is silent.
[28/2002]
(4)  Rules of arbitration are not inconsistent with the Model Law or this Part merely because the rules are silent on a matter covered by any provision of the Model Law or this Part.
[28/2002]
(5)  A provision of rules of arbitration is not inconsistent with the Model Law or this Part merely because it provides for a matter which is covered by a provision of the Model Law or this Part which allows the parties to make their own arrangements by agreement but which applies in the absence of such agreement.
[28/2002]
(6)  The parties may make the arrangements referred to in subsection (5) by agreeing to the application or adoption of rules of arbitration or by providing any other means by which a matter may be decided.
[28/2002]
(7)  In this section and section 15, “rules of arbitration” means the rules of arbitration agreed to or adopted by the parties including the rules of arbitration of an institution or organisation.
[28/2002]
Appointment of conciliator
16.—(1)  Where an agreement provides for the appointment of a conciliator by a person who is not one of the parties and that person refuses to make the appointment or does not make it within the time specified in the agreement or, if no time is so specified, within a reasonable time of being requested by any party to the agreement to make the appointment, the president of the Court of Arbitration of the Singapore International Arbitration Centre may, on the application of any party to the agreement, appoint a conciliator who is to have the like powers to act in the conciliation proceedings as if he or she had been appointed in accordance with the terms of the agreement.
[16/2016]
(2)  The Chief Justice may, if he or she thinks fit, by notification in the Gazette, appoint any other person to exercise the powers of the president of the Court of Arbitration of the Singapore International Arbitration Centre under subsection (1).
[16/2016]
(3)  Where an arbitration agreement provides for the appointment of a conciliator and further provides that the person so appointed is to act as an arbitrator in the event of the conciliation proceedings failing to produce a settlement acceptable to the parties —
(a)no objection is to be taken to the appointment of that person as an arbitrator, or to that person’s conduct of the arbitral proceedings, solely on the ground that that person had acted previously as a conciliator in connection with some or all of the matters referred to arbitration; and
(b)if that person declines to act as an arbitrator, any other person appointed as an arbitrator is not required first to act as a conciliator unless a contrary intention appears in the arbitration agreement.
(4)  Unless a contrary intention appears therein, an agreement which provides for the appointment of a conciliator is deemed to contain a provision that in the event of the conciliation proceedings failing to produce a settlement acceptable to the parties within 4 months, or any longer period that the parties may agree to, of the date of the appointment of the conciliator or, where the conciliator is appointed by name in the agreement, of the date of receipt by the conciliator of written notification of the existence of a dispute, the conciliation proceedings are to thereupon terminate.
(5)  For the purposes of this section and section 17 —
(a)any reference to “conciliator” includes a reference to any person who acts as a mediator;
(b)any reference to “conciliation proceedings” includes a reference to mediation proceedings.
Power of arbitrator to act as conciliator
17.—(1)  If all parties to any arbitral proceedings consent in writing and for so long as no party has withdrawn the party’s written consent, an arbitrator or umpire may act as a conciliator.
(2)  An arbitrator or umpire acting as conciliator —
(a)may communicate with the parties to the arbitral proceedings collectively or separately; and
(b)must treat information obtained by him or her from a party to the arbitral proceedings as confidential, unless that party otherwise agrees or unless subsection (3) applies.
(3)  Where confidential information is obtained by an arbitrator or umpire from a party to the arbitral proceedings during conciliation proceedings and those proceedings terminate without the parties reaching agreement in settlement of their dispute, the arbitrator or umpire must before resuming the arbitral proceedings disclose to all other parties to the arbitral proceedings as much of that information as he or she considers material to the arbitral proceedings.
(4)  No objection is to be taken to the conduct of arbitral proceedings by a person solely on the ground that that person had acted previously as a conciliator in accordance with this section.
Award by consent
18.  If the parties to an arbitration agreement reach agreement in settlement of their dispute and the arbitral tribunal has recorded the terms of settlement in the form of an arbitral award on agreed terms in accordance with Article 30 of the Model Law, the award —
(a)is to be treated as an award on an arbitration agreement; and
(b)may, by permission of the General Division of the High Court, be enforced in the same manner as a judgment or an order to the same effect, and where permission is so given, judgment may be entered in terms of the award.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Enforcement of awards
19.  An award on an arbitration agreement may, by permission of the General Division of the High Court, be enforced in the same manner as a judgment or an order to the same effect and, where permission is so given, judgment may be entered in terms of the award.
[40/2019]
[Act 25 of 2021 wef 01/04/2022]
Awards made on different issues
19A.—(1)  Unless otherwise agreed by the parties, the arbitral tribunal may make more than one award at different points in time during the arbitral proceedings on different aspects of the matters to be determined.
[12/2012]
(2)  The arbitral tribunal may, in particular, make an award relating to —
(a)an issue affecting the whole claim; or
(b)a part only of the claim, counterclaim or cross‑claim, which is submitted to it for decision.
(3)  If the arbitral tribunal makes an award under this section, it must specify in its award, the issue, or claim or part of a claim, which is the subject matter of the award.
Effect of award
19B.—(1)  An award made by the arbitral tribunal pursuant to an arbitration agreement is final and binding on the parties and on any persons claiming through or under them and may be relied upon by any of the parties by way of defence, set‑off or otherwise in any proceedings in any court of competent jurisdiction.
(2)  Except as provided in Articles 33 and 34(4) of the Model Law, upon an award being made, including an award made in accordance with section 19A, the arbitral tribunal must not vary, amend, correct, review, add to or revoke the award.
(3)  For the purposes of subsection (2), an award is made when it has been signed and delivered in accordance with Article 31 of the Model Law.
(4)  This section does not affect the right of a person to challenge the award by any available arbitral process of appeal or review or in accordance with the provisions of this Act and the Model Law.
Authentication of awards and arbitration agreements
19C.—(1)  For the purposes of the enforcement of an award in any Convention country, the Minister may by order appoint such persons holding office in such arbitral institution or other organisation as the Minister may specify in the order, to authenticate any award or arbitration agreement or to certify copies thereof.
[26/2009]
(2)  Any person appointed under subsection (1) —
(a)must comply with any condition imposed by the Minister; and
(b)must not, without the written consent of the parties, directly or indirectly disclose any matter, including the identity of any party to the award or arbitration agreement, to any third party.
[26/2009]
(3)  An award or arbitration agreement or a copy thereof duly authenticated or certified by a person appointed under subsection (1) is deemed to have been authenticated or certified by a competent authority in Singapore for the purposes of enforcement in any Convention country.
[26/2009]
(4)  To avoid doubt, nothing in this section —
(a)prevents any person from authenticating any award or arbitration agreement or certifying copies thereof in any other manner or method or by any other person, institution or organisation; or
(b)affects the right of a person to challenge or appeal against any award by any available arbitral process of appeal or review, or in accordance with the provisions of this Act and the Model Law.
[26/2009]
(5)  In this section, “Convention country” has the meaning given by section 27(1).
[26/2009]
Interest on awards
20.—(1)  Subject to subsection (3), unless otherwise agreed by the parties, an arbitral tribunal may, in the arbitral proceedings before it, award simple or compound interest from such date, at such rate and with such rest as the arbitral tribunal considers appropriate, for any period ending not later than the date of payment on the whole or any part of —
(a)any sum which is awarded by the arbitral tribunal in the arbitral proceedings;
(b)any sum which is in issue in the arbitral proceedings but is paid before the date of the award; or
(c)costs awarded or ordered by the arbitral tribunal in the arbitral proceedings.
[12/2012]
(2)  Nothing in subsection (1) affects any other power of an arbitral tribunal to award interest.
[12/2012]
(3)  Where an award directs a sum to be paid, that sum, unless the award otherwise directs, carries interest as from the date of the award and at the same rate as a judgment debt.
[12/2012]
Assessment of costs
21.—(1)  Any costs directed by an award to be paid are, unless the award otherwise directs, assessable by the Registrar of the Singapore International Arbitration Centre (called in this section the Registrar).
[Act 25 of 2021 wef 01/04/2022]
(2)  Unless the fees of the arbitral tribunal have been fixed by a written agreement or such agreement has provided for determination of the fees by a person or an institution agreed to by the parties, any party to the arbitration may require that the fees be assessed by the Registrar.
[Act 25 of 2021 wef 01/04/2022]
(3)  A certificate signed by the Registrar on the amount of costs or fees assessed forms part of the award of the arbitral tribunal.
[Act 25 of 2021 wef 01/04/2022]
(4)  The Chief Justice may, if he or she thinks fit, by notification in the Gazette, appoint any other person to exercise the powers of the Registrar under this section.
[Act 25 of 2021 wef 01/04/2022]
Proceedings to be heard in private
22.—(1)  Subject to subsection (2), proceedings under this Act in any court are to be heard in private.
[Act 25 of 2021 wef 01/04/2022]
(2)  Proceedings under this Act in any court are to be heard in open court if the court, on its own motion or upon the application of any person (including a person who is not a party to the proceedings), so orders.
[Act 25 of 2021 wef 01/04/2022]
Restrictions on reporting of proceedings heard in private
23.—(1)  This section applies to proceedings under this Act in any court heard in private.
[Act 25 of 2021 wef 01/04/2022]
(2)  A court hearing any proceedings to which this section applies is, on the application of any party to the proceedings, to give directions as to whether any and, if so, what information relating to the proceedings may be published.
(3)  A court is not to give a direction under subsection (2) permitting information to be published unless —
(a)all parties to the proceedings agree that the information may be published; or
(b)the court is satisfied that the information, if published in accordance with such directions as it may give, would not reveal any matter, including the identity of any party to the proceedings, that any party to the proceedings reasonably wishes to remain confidential.
(4)  Despite subsection (3), where a court gives grounds of decision for a judgment in respect of proceedings to which this section applies and considers that judgment to be of major legal interest, the court is to direct that reports of the judgment may be published in law reports and professional publications but, if any party to the proceedings reasonably wishes to conceal any matter, including the fact that the party was such a party, the court is to —
(a)give directions as to the action that is to be taken to conceal that matter in those reports; and
(b)if it considers that a report published in accordance with directions given under paragraph (a) would be likely to reveal that matter, direct that no report may be published until after the end of any period, not exceeding 10 years, that it considers appropriate.
[Act 25 of 2021 wef 01/04/2022]
Court may set aside award
24.  Despite Article 34(1) of the Model Law, the General Division of the High Court may, in addition to the grounds set out in Article 34(2) of the Model Law, set aside the award of the arbitral tribunal if —
(a)the making of the award was induced or affected by fraud or corruption; or
(b)a breach of the rules of natural justice occurred in connection with the making of the award by which the rights of any party have been prejudiced.
[40/2019]
Liability of arbitrator
25.  An arbitrator shall not be liable for —
(a)negligence in respect of anything done or omitted to be done in the capacity of arbitrator; and
(b)any mistake in law, fact or procedure made in the course of arbitral proceedings or in the making of an arbitral award.
Immunity of appointing authority and arbitral institutions, etc.
25A.—(1)  The appointing authority, or an arbitral or other institution or person designated or requested by the parties to appoint or nominate an arbitrator, shall not be liable for anything done or omitted in the discharge or purported discharge of that function unless the act or omission is shown to have been in bad faith.
(2)  The appointing authority, or an arbitral or other institution or person by whom an arbitrator is appointed or nominated, shall not be liable, by reason only of having appointed or nominated the arbitrator, for anything done or omitted by the arbitrator, the arbitrator’s employees or agents in the discharge or purported discharge of the arbitrator’s functions as arbitrator.
(3)  This section applies to an employee or agent of the appointing authority or of an arbitral or other institution or person as it applies to the appointing authority, institution or person.
Transitional provisions
26.—(1)  This Part does not apply in relation to an international arbitration between parties to an arbitration agreement that was commenced before 27 January 1995 unless the parties have (whether in the agreement or in any other document in writing) otherwise agreed.
(2)  Subject to subsection (1), where the arbitral proceedings were commenced before 27 January 1995, the law governing the arbitration agreement and the arbitration is the law which would have applied if this Act had not been enacted.
(3)  In any written law, agreement in writing or other document, a reference to arbitration under the Arbitration Act is, so far as relevant and unless the contrary intention appears, to be construed to include a reference to arbitration under this Act.
(4)  For the purposes of this section, arbitral proceedings are to be taken as having commenced on the date of the receipt by the respondent of a request for the dispute to be referred to arbitration, or, where the parties have agreed in writing that any other date is to be taken as the date of commencement of the arbitral proceedings, then on that date.